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Political Power Mandate
The Political Power Mandate is the primary set of procedures for all Mileth Officials. Its guidelines over-rule all other laws, with the exception of the Mileth Town Charter. I. INVESTIGATIONS ***************** There are three types of investigations; Judicial Investigations, Board Abuse Investigations, and Procedural Investigations. A. Judicial Investigations ************************** Judicial Investigations are criminal investigations. Judicial Investigations may be opened and conducted by any Mileth Judicial Official. It is a violation of this mandate to interrupt another official who is in the process of investigating a case. A superior to the investigating official can open a review of the case once the original investigating official has posted a report, and only with probable cause. The only exceptions to this is if the original investigating official asks for assistance, or there is probable cause to believe that the investigating official is abusing their powers, or being abusive, in which case a superior may intervene. Any official from the judicial branch can investigate any other official who is suspected of violating criminal law. B. Board Abuse/Misuse Investigations ************************************ Board Abuse/Misuse investigations are investigations of board misconduct within Mileth jurisdiction. In cases dealing with Board Misuse/Abuse, the original investigation will be conducted by the appropriate official and posts will be removed as laid out by law. If the offending post must be removed, the handling official must leave a removal explanation post in its place. A copy of the offending post ((screenshot)) must also be kept for a double-moon. A Judge or Guard Captain may file their own judicial report. A legislator must find contact a judicial official to file a judicial report. C. Procedural Investigations **************************** Procedural investigations are investigations of officials who are suspected of violating procedure - either as laid out by this law, or the Legislative/Judicial Directives. In order to investigate an official, the investigating official(s) must be of the same branch, and must be a either a superior of the official being investigated, or act in concert with another official to establish superiority over that official. II. OFFICIAL REVIEW AND INVESTIGATION PROCEDURES ************************************************ A. Superiority/Subordination Guidelines *************************************** The following chart explains how superiority and subordination work in all Procedural Investigations and reviews. This guideline also applies to instances that are not a review or investigation. Official(s) on this chart that are a higher rank have superiority over all officials below. Both branches are considered separate. In the event no suitable official is holding office (either the office is not held by anyone, or someone is disqualified from handling the case holds that office), two or more officials from the same branch may substitute for ranks above their own. Ex: 8 Guards for Two judges, etc. An official who has reviewed a case once already may not review that same case again as a superior. Whether they are an actual superior or substituting one. Rank Judicial Branch Legislative Branch 5 2 Judges = 2 Burgess 4 1 Judge = 1 Burgess 3 Guard Captain = Demagogue 2 Guard 1 Respected Citizen B. Investigations and Reviews ***************************** A superior, of the same branch, may open an investigation or review of a subordinate with probable cause, or in the case of Judicial officials, in sleephunting cases, or in cases where multiple crimes need higher punishment. The investigating official will request all evidence regarding the investigation or review; the official being investigated or reviewed will be given 1 moon from the start of the investigation or review to provide evidence. Following the receipt of evidence, or after sufficient evidence to either establish guilt or innocence has been received, the investigating official has 1 moon to complete the investigation; this does not mean the investigating official must take 1 moon to complete the investigation, but the investigation must be completed by then. In the case of reviews, all evidence to be collected within the timeframe. Reviews MUST be completed after one moon. No other official may interfere or close another official's investigation until the final report has been posted, unless one of the following conditions have been met: i) The investigating official has failed to conclude the investigation or review within the allotted time ii) The investigating official requests another official take over the case iii) The investigating official leaves office for whatever reasons C. Sleephunting Cases ********************* Sleephunting cases investigated by guards are to be reviewed by a guard captain. Sleephunting cases reviewed or investigated by a guard captain must be forwarded to a judge for a final review. A guard captain may not order an exile for sleephunting unless otherwise permitted below. A judge may deem the evidence sufficient and order an exile or deem it insufficient. If no guard captain is in office, a judge may review the case directly. If no judge is in office and no substitutions can be made to equate a judge, only then may a captain order an exile for a sleephunting case he or she investigated or reviewed. A judge may review any cases for which an exile was ordered by a captain at any later date should one enter office. III. Sufficient Evidence to Overrule another Official ***************************************************** A superior or official of equal rank within the same branch granted the authority to review a subordinate's casework under this mandate must first show probable cause for opening such a review. Should the official granted this authority under this law come to the conclusion that the actions by the original investigating official were incorrect or unlawful, they must provide factual evidence to overrule an original order, evidence including all memories, testimony, and applicable law. They shall issue a final report, including the explanation of the law or procedure that applies, and argument as to why this law or procedure was violated. All evidence must be made available to the individual being reviewed. IV. PROCEDURAL PUNISHMENT AGAINST OFFICIALS ******************************************** An official may order a subordinate found guilty of procedural errors removed from office or administer demerits, depending on the specific procedural error. Any official being found guilty of a procedural error that results in them being removed from office, or exiled, has it within their right to request and receive a second and FINAL review of the case, by another official of equal rank within the same branch to the superior that originally placed the order. This is is a review of the subordinate, and NOT a review of the superior who originally investigated the official. Further to this request, all orders against this official must be placed on hold by a superior, until the review has concluded, at which time the orders may be cancelled, or the hold removed, depending on the outcome. In so doing, the official requesting the review waives any right to a trial, should the punishment merit a trial. V. CRIMES AGAINST MILETH OFFICIALS ********************************** To eliminate the perception of bias, any Mileth Official that is the victim of any crime, must call in a separate Judicial Official to the scene, to handle the case. The only exception to this would be (not extreme) profanity directed at the official. Whispered and mailed profanity must be handled separately by another official. VI. PUNITIVE ACTIONS ******************** All punitive actions (as so listed), and official investigations or reviews require a report. The proper format for these reports is defined in the Judicial and Legislative Directives. All actions must be legal under Mileth Law. Any reports made must also be forwarded to the Subject(s) punished. NOTE: No official is to be punished for failing to send a report if it cannot be proved beyond doubt they did not send a report. A. Banishment ************* All Banishments are for 8 Temuairian days ((24 hours)) and will automatically expire. Banishment may be warranted and carried out by any Judicial Official. Banishment may be forgiven if the banishment was found to be unlawful, only by the superior of the banishing official, or the banishing official themself. Banishment may be forgiven by the acting Judicial Official or superior of the acting Official in the case of an accidental banishment. Unbanishment that is ordered may be carried out by a Judicial Official. B. Exile ******** Exiles must be ordered in accordance with Mileth Law. Any exile with a length of 4 moons may be ordered by a Guard Captain or Judge. Exiles in excess of 4 moons may only be ordered by a Judge. It is forbidden by this Mandate to order any Exile in excess of 2 Deochs for a series of crimes less than 2 Deochs as the initial punishment. Only cases where crimes that merit 2 Deoch exile as the initial punishment may be stacked on top of each other to exceed 2 Deoch Punishment. Exiles are carried out by Legislative Officials, only after a lawful Warrant has been posted. Exiles may be pardoned either by the official who originally ordered the exile, or by that official's superior, after reviewing the case, and determining that the exile was unlawful. In addition, an Exile may be pardoned by any Legislative Official, after the prescribed time for the Exile has passed. Legislative Officials carrying out an order to exile that is presumed to be lawful, but later found to be unlawful, will not be held accountable for carrying out such an order. Accountability falls upon the official who made the exile order. A Legislative Official has it within their right to request and receive evidence of the case prior to carrying out orders. Any Legislative Official either carrying out an Exile, or pardoning an Exile, must produce a report on the Judgements board, detailing the Exile or Pardon. A Legislative Official may request banishment on an aisling who has too much clout to be exiled. Proof that they have too much clout must be provided. This banishment will not increase their current punishment. C. Sgath ******** A Judge may order a Sgath only after an Aisling has been found guilty of a crime that merits a Sgath summoning. This Aisling must be found guilty of the crime(s) by a panel of juries, or the aisling has forfeited his right of trial, either by choice or default, or has otherwise been disqualified or denied the right in accordance to Mileth Law. A Judge or Burgess may summon an aisling into the Sgath pit after the official order of a Judge has been made and posted on the Judgement board. Guards, Guard Captains, Judges, Burgess and Demagogues may summon the shadow hunger on the condemned after the Aisling has been summoned into the pit. D. Barment ********** A Burgess or Judge shall order barments and a Burgess shall activate a Barment only after an aisling has been found guilty of a crime or political misconduct warranting such a punishment. A Burgess may only order a Legislative Official barred. A Judge may only order a Judicial Official, Respected Citizen, or non-official barred. Requests for barment shall be placed on the Judgements Board, by the appropriate official. If no Burgess or Judge is in office, replacements may be made as laid out in this mandate. VII. FAIR POLITICAL PRACTICES ***************************** A. Rights ********* It is the right of each Mileth Official to use their political power in order to support, endow, widdle, and attack another official of Mileth, and this without having to provide a reason. No Official may remove another official from office without proper order as defined in Mileth Law and by Mundane Mandate. (See also: Mundane Announcements, Mileth Office Holders on Duty). This right is lifted when it concerns officials who are already opposed in a Judiciary case and political dispute. A superior who is not involved in the case must settle the dispute before the right to attack and widdle is restored. Political actions are NOT harassment. B. Use of Demotion ****************** The Use of Demotion is limited to officials who are carrying out a legal removal order, in order to facilitate the removal of an individual's clout. Demotion may also be executed on officials who violate this law once per violation. The use of demote in any other way is considered illegal, and will be considered an Abuse of Power, and a violation of this Mandate. Note: Judges and Burgesses cannot be demoted C. Dismissing Sponsored Officials ********************************* This action may be carried out on aislings who are warranted to be removed from office. Officials with a valid reason as the sponsor of the aisling may Dismiss a sponsored official. This action removes clout. D. Removals *********** Office holders may remove other office holders only in carrying out a legal warrant for their removal. All other removals are deemed in violation of the mandate, and an Abuse of Power. An official who believes their removal order is unjust may request a review, as previously defined in this law. IX. PUNISHMENT FOR VIOLATION OF THE POLITICAL POWER MANDATE *********************************************************** Refer to the 'Official Misconduct Act' for resulting punishment with Violations of the Political Power Mandate. X. REMOVAL OR REVISION OF THE POLITICAL POWER MANDATE ***************************************************** The Political Power Mandate is an integral part of Mileth Law, and as such, may only be removed with the unanimous support of all Legislative Officials holding office during the voting period. Additionally, the voting period for removal of the Political Power Mandate MUST be two moons. If one 'nay' vote is cast for a revision of the Political Power Mandate, the revision will fail. Abstain votes or votes that were not cast will not cause the revision to fail. The Political Power Mandate may not be removed or revised by Right of Burgess.